S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8302--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 30, 2025
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the penal law and the general business law, in relation
   to enacting the "prevention of damage to critical  infrastructure  act
   of 2025"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "prevention
 of damage to critical infrastructure act of 2025".
   § 2. Section 145.15 of the penal law, as amended by chapter 585 of the
 laws of 2006, is amended to read as follows:
 § 145.15 Criminal tampering in the second degree.
   1. FOR PURPOSES OF THIS SECTION, A "CRITICAL INFRASTRUCTURE  PROVIDER"
 SHALL  MEAN  A UTILITY COMPANY AS DEFINED IN SUBDIVISION TWENTY-THREE OF
 SECTION TWO OF THE PUBLIC SERVICE LAW, AN ELECTRIC PLANT AS  DEFINED  IN
 SUBDIVISION  TWELVE  OF  SECTION  TWO OF THE PUBLIC SERVICE LAW, A CABLE
 TELEVISION COMPANY AS DEFINED IN SUBDIVISION ONE OF SECTION TWO  HUNDRED
 TWELVE  OF  THE  PUBLIC  SERVICE  LAW,  AN  INTERNET SERVICE PROVIDER AS
 DEFINED IN PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWEN-
 TY-FOUR-C OF THE PUBLIC SERVICE LAW, A CELLULAR TELEPHONE  COMPANY,  ANY
 OTHER  PERSON  OR ENTITY PROVIDING VOICE OR DATA COMMUNICATIONS SERVICES
 TO THE PUBLIC, REGARDLESS OF ITS REGULATORY STATUS UNDER STATE OR FEDER-
 AL LAW, OR A PUBLIC UTILITY AUTHORITY SUBJECT TO THE PROVISIONS OF ARTI-
 CLE FIVE OF THE PUBLIC AUTHORITIES LAW.
   2. A person is guilty of criminal tampering in the second degree when,
 having no right to do so nor any reasonable ground to believe that  [he]
 SUCH  PERSON  has  such  right,  [he  or  she] SUCH PERSON tampers WITH,
 DAMAGES or makes connection with property of a  [gas,  electric,  sewer,
 steam  or  water-works  corporation, telephone or telegraph corporation,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13225-02-5
              

 S. 8302--A                          2

 common carrier, nuclear powered electric generating facility, or  public
 utility operated by a municipality or district; except that in any pros-
 ecution  under  this  section,  it  is  an  affirmative defense that the
 defendant  did  not  engage in such conduct for a larcenous or otherwise
 unlawful or wrongful purpose] CRITICAL INFRASTRUCTURE PROVIDER.
   Criminal tampering in the second degree is a class A misdemeanor.
   § 3. Section 145.20 of the penal law, as amended by chapter 585 of the
 laws of 2006, is amended to read as follows:
 § 145.20 Criminal tampering in the first degree.
   1. FOR PURPOSES OF THIS SECTION, A "CRITICAL INFRASTRUCTURE  PROVIDER"
 SHALL  MEAN  A UTILITY COMPANY AS DEFINED IN SUBDIVISION TWENTY-THREE OF
 SECTION TWO OF THE PUBLIC SERVICE LAW, AN ELECTRIC PLANT AS  DEFINED  IN
 SUBDIVISION  TWELVE  OF  SECTION  TWO OF THE PUBLIC SERVICE LAW, A CABLE
 TELEVISION COMPANY AS DEFINED IN SUBDIVISION ONE OF SECTION TWO  HUNDRED
 TWELVE  OF  THE  PUBLIC  SERVICE  LAW,  AN  INTERNET SERVICE PROVIDER AS
 DEFINED IN PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWEN-
 TY-FOUR-C OF THE PUBLIC SERVICE LAW, A CELLULAR TELEPHONE  COMPANY,  ANY
 OTHER  PERSON  OR ENTITY PROVIDING VOICE OR DATA COMMUNICATIONS SERVICES
 TO THE PUBLIC, REGARDLESS OF ITS REGULATORY STATUS UNDER STATE OR FEDER-
 AL LAW, OR A PUBLIC UTILITY AUTHORITY SUBJECT TO THE PROVISIONS OF ARTI-
 CLE FIVE OF THE PUBLIC AUTHORITIES LAW.
   2. A person is guilty of criminal tampering in the first degree  when,
 with  intent  to  cause  a  substantial  interruption or impairment of a
 service rendered to the public, and having no right to  do  so  nor  any
 reasonable  ground  to  believe  that  [he  or she] SUCH PERSON has such
 right, [he or she] SUCH PERSON damages or tampers  with  property  of  a
 [gas,  electric,  sewer,  steam or water-works corporation, telephone or
 telegraph corporation, common carrier, nuclear powered electric generat-
 ing facility, or public utility operated by a municipality or  district]
 CRITICAL  INFRASTRUCTURE  PROVIDER,  and thereby causes such substantial
 interruption or impairment of service.
   Criminal tampering in the first degree is a class D felony.
   § 4. Section 62 of the general business law, as amended by chapter 302
 of the laws of 2007, is amended to read as follows:
   § 62. Statement required from persons selling certain property.  1. On
 purchasing any pig or pigs of metal, bronze or brass castings  or  parts
 thereof, sprues or gates or parts thereof, copper wire, TUBING OR CABLE,
 or brass car journals, or metal beer kegs, such junk dealer shall:
   (A)  cause to be subscribed by the person from whom purchased a state-
 ment [as to] SETTING FORTH: (I) THE DATE OF  THE  PURCHASE,  (II)  when,
 where  and  from  whom [he or she] SUCH PERSON obtained such property OR
 OTHER PROOF OF AUTHORIZATION TO SELL SUCH ITEMS, [also his or her] (III)
 SUCH PERSON'S identity as verified by a government issued identification
 card, (IV) SUCH PERSON'S age, residence  ADDRESS  by  city,  village  or
 town,  and  the  street  and  number  thereof,  if any, (V) the driver's
 license number or SIMILAR information from ANOTHER FORM OF a  government
 issued  PHOTOGRAPHIC  identification  card,  if any, of such person, and
 [otherwise such description as will reasonably locate the same,  his  or
 her]  (VI)  SUCH  PERSON'S  occupation  and  name  of  [his or her] SUCH
 PERSON'S employer and place of employment or business[, which  statement
 the junk dealer shall];
   (B) forthwith file SUCH STATEMENT in the office of the chief of police
 of the city or village in which the purchase was made, if made in a city
 or  incorporated  village, and otherwise in the office of the sheriff of
 the county in which made[. The junk metal dealer shall also]; AND
 S. 8302--A                          3
 
   (C) make and retain a copy of the government issued photographic iden-
 tification card used to verify the identity of the person from whom  the
 junk  metal  was purchased and shall retain this copy in a separate book
 or register for two years from the date of purchase of  the  junk  metal
 and  include an additional copy of this identification with the informa-
 tion required to be transmitted to the chief of police or sheriff pursu-
 ant to this section.
   2. FOR THE PURPOSES OF THIS SECTION,  "GOVERNMENT  ISSUED  IDENTIFICA-
 TION" MEANS ANY CURRENT AND VALID OFFICIAL FORM OF IDENTIFICATION ISSUED
 BY  THE  GOVERNMENT OF THE UNITED STATES OF AMERICA, A STATE, TERRITORY,
 PROTECTORATE, OR DEPENDENCY OF THE UNITED STATES OF AMERICA,  A  COUNTY,
 MUNICIPALITY  OR  SUBDIVISION  THEREOF,  ANY PUBLIC AGENCY OR DEPARTMENT
 THEREOF, OR ANY PUBLIC EMPLOYER, WHICH REQUIRES AND BEARS THE  SIGNATURE
 AND PHOTOGRAPH OF THE PERSON TO WHOM IT IS ISSUED.
   §  5. The general business law is amended by adding a new section 63-b
 to read as follows:
   § 63-B. PROHIBITION ON SALE OF CERTAIN ITEMS. 1.  NOTWITHSTANDING  ANY
 PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, IT SHALL BE UNLAW-
 FUL  TO  SELL,  OFFER FOR SALE, OR PURCHASE AS JUNK, METAL THAT:  (A) IS
 MARKED WITH THE NAME, LOGO, OR INITIALS  OF  A  CRITICAL  INFRASTRUCTURE
 PROVIDER,  AS SUCH TERM IS DEFINED IN SUBDIVISION THREE OF THIS SECTION;
 (B) HAS BEEN ALTERED FOR THE PURPOSE OF REMOVING, CONCEALING, OR  OBLIT-
 ERATING  SUCH NAME, LOGO, OR INITIALS THROUGH BURNING OR CUTTING OF WIRE
 SHEATHING OR OTHER MEANS; OR (C) IS A WIRE OR CABLE OF A  TYPE  COMMONLY
 USED BY COMMUNICATIONS AND ELECTRICAL UTILITIES.
   2.  THIS  SECTION  SHALL  NOT  APPLY  TO  THE SALE, OFFER FOR SALE, OR
 PURCHASE AS JUNK, OF SUCH ITEMS BY A DULY AUTHORIZED EMPLOYEE OR  REPRE-
 SENTATIVE OF A CRITICAL INFRASTRUCTURE PROVIDER ACTING IN THEIR OFFICIAL
 CAPACITY.
   3.  FOR PURPOSES OF THIS SECTION, A "CRITICAL INFRASTRUCTURE PROVIDER"
 SHALL MEAN A UTILITY COMPANY AS DEFINED IN SUBDIVISION  TWENTY-THREE  OF
 SECTION  TWO  OF THE PUBLIC SERVICE LAW, AN ELECTRIC PLANT AS DEFINED IN
 SUBDIVISION TWELVE OF SECTION TWO OF THE PUBLIC  SERVICE  LAW,  A  CABLE
 TELEVISION  COMPANY AS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED
 TWELVE OF THE PUBLIC  SERVICE  LAW,  AN  INTERNET  SERVICE  PROVIDER  AS
 DEFINED IN PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWEN-
 TY-FOUR-C  OF  THE PUBLIC SERVICE LAW, A CELLULAR TELEPHONE COMPANY, ANY
 OTHER PERSON OR ENTITY PROVIDING VOICE OR DATA  COMMUNICATIONS  SERVICES
 TO THE PUBLIC, REGARDLESS OF ITS REGULATORY STATUS UNDER STATE OR FEDER-
 AL LAW, OR A PUBLIC UTILITY AUTHORITY SUBJECT TO THE PROVISIONS OF ARTI-
 CLE FIVE OF THE PUBLIC AUTHORITIES LAW.
   §  6.  Section  64  of  the general business law is amended to read as
 follows:
   § 64. Penalty. Each violation of this  article,  either  by  the  junk
 dealer,  the  agent or servant thereof, and each false statement made in
 or on any statement or tag above mentioned shall be a misdemeanor [and].
 WHENEVER A JUNK DEALER COMMITS A MISDEMEANOR  UNDER  THIS  ARTICLE,  the
 person  convicted shall, in addition to other penalties imposed, forfeit
 [his] THEIR license to do business. [But nothing herein contained  shall
 apply to cities of the first class.]
   § 7. Section 69-e of the general business law, as added by chapter 431
 of the laws of 1976, is amended to read as follows:
   § 69-e. Definitions. FOR THE PURPOSES OF THIS ARTICLE:
   1.  "Scrap  metal  processing  facility"  shall  mean an establishment
 engaged primarily in the purchase, processing and  shipment  of  ferrous
 and/or  non-ferrous scrap, the end product of which is the production of
 S. 8302--A                          4
 
 raw material for remelting purposes for steel mills, [foundaries] FOUND-
 RIES, smelters, refiners, and similar users.
   2.  "Scrap  processor" shall mean any person, association, partnership
 or corporation operating  and  maintaining  a  "scrap  metal  processing
 facility".
   3.  "GOVERNMENT  ISSUED  IDENTIFICATION"  MEANS  ANY CURRENT AND VALID
 OFFICIAL FORM OF IDENTIFICATION ISSUED BY THE GOVERNMENT OF  THE  UNITED
 STATES  OF  AMERICA,  A STATE, TERRITORY, PROTECTORATE, OR DEPENDENCY OF
 THE UNITED STATES OF AMERICA,  A  COUNTY,  MUNICIPALITY  OR  SUBDIVISION
 THEREOF,  ANY PUBLIC AGENCY OR DEPARTMENT THEREOF, OR ANY PUBLIC EMPLOY-
 ER, WHICH REQUIRES AND BEARS THE SIGNATURE AND PHOTOGRAPH OF THE  PERSON
 TO WHOM IT IS ISSUED.
   §  8.  Section 69-g of the general business law, as amended by chapter
 302 of the laws of 2007, is amended to read as follows:
   § 69-g. Records.  1.  Such  scrap  processor  shall  record  (i)  each
 purchase  of any pig or pigs of metal, bronze or brass castings or parts
 thereof, sprues or gates or parts thereof, [utility] COPPER wire,  CABLE
 OR  TUBING  or  brass car journals, or of metal beer kegs, and (ii) each
 purchase of iron, steel and/or nonferrous scrap for  a  price  of  fifty
 dollars  or more, and preserve such record for a period of three years[;
 which record shall show the date of purchase, name of seller, his].
   2. THE RECORD REQUIRED  BY  SUBDIVISION  ONE  OF  THIS  SECTION  SHALL
 INCLUDE  A STATEMENT SUBSCRIBED BY THE SELLER SETTING FORTH (I) THE DATE
 OF THE PURCHASE AND THE TYPE AND QUANTITY OF  MATERIAL  PURCHASED,  (II)
 WHEN,  WHERE,  AND FROM WHOM THE SELLER OBTAINED SUCH PROPERTY, OR OTHER
 PROOF OF AUTHORIZATION TO SELL SUCH ITEMS, (III) THE  SELLER'S  IDENTITY
 AS  VERIFIED  BY A GOVERNMENT ISSUED IDENTIFICATION CARD, (IV) THE SELL-
 ER'S residence address by street, number, city, village or town, AND (V)
 the driver's license number or SIMILAR information from ANOTHER FORM  OF
 a  government issued [photographic] identification card, if any, of such
 person[, or by such description as will reasonably  locate  the  seller,
 the  type  and  quantity of such purchase; and the scrap processor shall
 cause such record to be signed by the seller or his agent. It  shall  be
 unlawful  for  any  seller  to  refuse to furnish such information or to
 furnish incorrect or incomplete information].
   3. Such scrap processor shall also make  and  retain  a  copy  of  the
 government  issued  photographic  identification card used to verify the
 identity of the person from whom the scrap metal was purchased and shall
 retain this copy in a separate book, register or electronic archive  for
 two years from the date of purchase.
   [2.]  4.  Such records shall be available for inspection by the police
 department of the state or the municipality in which  the  establishment
 is located.
   § 9. Section 69-h of the general business law, as added by chapter 431
 of  the  laws of 1976, is renumbered section 69-i and is amended to read
 as follows:
   § 69-i. Penalty. 1. Each violation of this article by a scrap process-
 or shall be a violation subject to a fine of not more than  two  hundred
 dollars,  unless such violation shall be wilful, in which event it shall
 be a misdemeanor except, however,  the  scrap  processor  shall  not  be
 liable  for  any  violation of this article by a seller, his agent, or a
 purported seller or agent.
   2. [Each violation of this article by a seller or his agent  shall  be
 a]  WHENEVER A SCRAP PROCESSOR COMMITS A misdemeanor UNDER THIS ARTICLE,
 THE PERSON CONVICTED SHALL, IN  ADDITION  TO  OTHER  PENALTIES  IMPOSED,
 FORFEIT THEIR LICENSE TO DO BUSINESS.
 S. 8302--A                          5
 
   § 10. The general business law is amended by adding a new section 69-h
 to read as follows:
   §  69-H. PROHIBITION ON SALE OF CERTAIN ITEMS. 1.  NOTWITHSTANDING ANY
 PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, IT SHALL BE UNLAW-
 FUL TO SELL, OFFER FOR SALE, OR PURCHASE AS SCRAP, METAL THAT:   (I)  IS
 MARKED  WITH  THE  NAME,  LOGO, OR INITIALS OF A CRITICAL INFRASTRUCTURE
 PROVIDER, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF  SECTION  145.15
 OF  THE  PENAL  LAW;  (II) HAS BEEN ALTERED FOR THE PURPOSE OF REMOVING,
 CONCEALING, OR OBLITERATING SUCH NAME, LOGO, OR INITIALS THROUGH BURNING
 OR CUTTING OF WIRE SHEATHING OR OTHER MEANS; OR (III) IS A WIRE OR CABLE
 OF A TYPE COMMONLY USED BY CRITICAL INFRASTRUCTURE PROVIDERS.
   2. THIS SECTION SHALL NOT APPLY  TO  THE  SALE,  OFFER  FOR  SALE,  OR
 PURCHASE AS SCRAP, OF SUCH ITEMS BY A DULY AUTHORIZED EMPLOYEE OR REPRE-
 SENTATIVE OF A CRITICAL INFRASTRUCTURE PROVIDER ACTING IN THEIR OFFICIAL
 CAPACITY.
   §  11.  This act shall take effect on the ninetieth day after it shall
 have become a law.